PUSHPA DEVI Vs. MANOHAR LAI AND ANOTHER

JUDGEMENT

(1.) This appeal by the wife is directed against the Judgment and Decree dated Feb. 2, 1980 passed by the Additional District Judge, Delhi whereby the marriage between the parties was dissolved by a decree of divorce on the grounds of desertion and adultery.

(2.) The respondent-husband filed a petition under Sec. 13 of the Hindu Marriage Act. It is alleged in the petition that the marriage between the parties was solemnised in the month of Oct., 1960 at house No. 8092, Gali No. 7, Multani Dhanda, Pahar Ganj, New Delhi in accordance with the Hindu rites and customs. After the marriage the parties lived together at House No. 390-92, Katra Lal Chand, near Robin Talkies, Subzi Mandi, Delhi as husband and wife and cohabited there till 1966. Out of this wedlock four children were born. The names of the said children are mentioned in the petition. All the four children are admittedly alive. Out of these four children Parveen and Suraj Bhan are living with the husband-respondent and Girish Kumar has been admitted in Bal Grevic Ashram, Sewa Kutia, Kingsway Camp, Delhi and the fourth child is residing with the appellant. It is alleged that the appellant deserted the respondent in Nov., 1966 without any reasonable excuse as she wanted to enjoy a life of a free lancer and wanted to be free from all possible controls of the respondent. She left the house without informing the respondent and took away all the jewellery of the respondent and has not come back inspite of the respondent's repeated efforts and requests. It is also alleged that the appellant had developed illicit relations with respondent No. 2. The appellant and respondent No. 2 are living together and are enjoying the sexual intercourse. As such it was alleged that she was living in adultery and was leading an immoral life and is having intercourse with several persons. Complaint to this effect by the residents of Multani Dhanda, Pahar Ganj was lodged to the Police Station and to the I.G. Police.

(3.) It is further alleged that the appellant under-went the abortion process in the year 1975 in Lady Harding Medical College and Hospital. The photostat copy from the hospital record has been attached to the petition. It is alleged that the appellant had been causing cruelties on the respondent inasmuch as she has been abusing him publically several times Several reports at different occasions to that effect were lodged in the police station.